ORDERS:
ORDER OF DISMISSAL
This matter comes before the Administrative Law Judge Division pursuant to S.C. Code Ann.
§§61-1-55, et seq. (Supp. 1995) and S. C. Code Ann. §§1-23-310 et seq. (1986 and Supp. 1995) for
a contested case hearing. The Petitioner, Catherine L. Tarte, seeks an off-premise beer and wine
permit for Petro Plus. The Respondent made a Motion to be Excused which was granted by my
Order dated September 16, 1997. A hearing was held on December 3, 1997, in the Administrative
Law Judge Division. No parties or protestants appeared at the hearing.
The Petitioner was notified of the hearing via certified mail by my Order dated September
17, 1996. After receiving proper notice of the hearing the Petitioner failed to appear. Prior to the
hearing into this matter an individual, who identified herself as the Petitioner, called my office and
stated she no longer was seeking a beer and wine permit for the above location. She was instructed
that if she wished this case to be dismissed, the request must be made in writing. However, as of
the time of this Order, the Petitioner has not submitted a request in writing that her case be
dismissed.
Administrative Law Judge Division Rule 23 provides that a default occurs when a party fails
to appear at a hearing without the proper consent of the judge. The Administrative Law Judge may
dismiss a case against a defaulting party. The Petitioner did not obtain consent not to appear at the
above scheduled hearing.
IT IS THEREFORE ORDERED that this case is dismissed with prejudice.
AND IT IS SO ORDERED.
_____________________________
Ralph King Anderson, III
Administrative Law Judge
December 3, 1997
Columbia, South Carolina |